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HomeMy WebLinkAboutMinutes - City Council - Regular - 8/8/1974AUG 8 1974 August 8, 1974 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Tehereof met at bein9:30 a.m, in tht:regular meeting place at City Hall, the following members t Mayor Roy Bass, Councilman Dirk West, Counwilwoman Carolyn Jordan, Councilman Alan Henry, Councilman Bryce Campbell, CityManager N. B. McCullough, City Attorney Fred 0. Senter, Jr., and City Secretary -Treasurer Treva Phillips. Absent: None 74-33-305-797 The invocation was given by A} Couch, Director of Public Services. (1) g given in unison by those pre 74-33-305-798 sent in the Council Chamber. The Pledge of Allegiance to the Flag was (2) to approve Motion was made by Councilwoman Jordan, secondbedlbvotingcYea,nnonepvoting Nayell carried, Mayor 74-33-305-799 4• and to approve (3) Bass, Councilmen West, Jordan, Henry an amp l !� and July 25, }97 , , City Council MItemeNo. 36ginatheMeetings 11,held 1974 City�Council Minutes. the change in It Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor 74-33-305-800 Jordan Henry and Campbell voting Yea, none voting Nay to pass Ordinance (7) Bass, Councilmen West, No. 6936 on second and final reading. ORDINANCE N0. 6936� AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bon d funCAPITAL �PROJECT EFUND The sum $7,266.34 For the following purpose: Relocating water lines ahead of widening I-27• de by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor motion was ma 7h-33-305-801 Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance Bass, Councilmen West, I (8) No. 6937 on second and final reading. ` rt ORDINANCE NO. 6� 937 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SEWER There is hereby appropriated out of the following described band fund, to -wit: D ND The sum $20,179•48 For the following purpose: Relocating sanitary sewer lines ahead of widening I-27• Motion was made by Councilwoman Jordan, secondeCampbell nvoting Yea, none voting Nay cilman Campbell, motion carried, to pass 74-33- 305-802 (9) Mayor Bass, Councilmen West, Jordan, Henry a Ordinance No. 6938 on second and final reading. ORDINANCE N0. 6938_ AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund,tB-wit: SEWER OND The sum $4,000.00 ereconstruction expenses for Northwest Canyon For the following purpose: Engineering and Relief Sewer Lin 306 AUG 8 1974 74-33-306-803 Marion was made b (i0) y Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinanc No. 6939 on second and final reading. e AN APPROPRIATION ORDINANCE ORDINANCE N0. 6939 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: WATER The sum $4,000.00 CAPITAL PROJECT FUND For the following purpose: Engineering and preconstruction expenses for Canyon Suppl Line an and North Lubbock Distribution Line. y d WWO 11497 $2,000.00 WWO 11498 $2,000.00 74-33-306-804 The City Council considered the passage of Ordinance No. 6931 (Zone C _ (11) and final reading changing property located south of 86th Street and eastNo. Memphis A) on second revis- ing the site plan. Jim Bertram, Director of Planning, of Memphis by nd presented a new landscape plan. Bill Gribble appeared fnpsured before the City Council and on second and final reading. Emory Potts of the Engineering pDepartment, appeared port of the passage oand hstated�itnce was his understanding that when it was discovered that the swimming drainage channel and the Building Inspection Department ordered a "hold" on work at that time pool was being built in � that all work was to be held until problems could be worked out, as to site plans, easements and landscaping. ' P g• After consideration of all information presented, motion was made by Council- man Henry, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan Henry and Campbell voting Yea, none voting Nay to table this item until the next City Council Meeting, August 22, 1974, with the applicant to furnish a more specific landscape plan. 74-33-306-805 Motion was made by Councilwoman Jordan, seconded by Councilman Cam be (12) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, nonepvotin motion carried, Mayor No. 6932 on second and final reading. g Nay to pass Ordinance AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP ROFNTHE ECIIO. 6932 CITYSO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1966: CHANGE LOTS 9 6 10, BLOCK 1 S UYRES ZONING DISTRICT: PLACE ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-i TO AN A-M Z OF LUBBOCKLLT: PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 4-33-30b-8o6 Motion was made by Councilwoman Jordan, seconded by Councilman Campb (13) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none motion carried, Mayor e No. 6933 on second and final reading. voting Nay to pass Ordinance ORDINANCE NO. 6933 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1967: CHANGE LOTS 1-13, BLOCK 3, LOTS 8- 4' 1 BLOCK 2, SANDERS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN R-3 AND C-4 TO 1 ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND M PROVIDING FOR PUBLICATION. -33-306-807 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, (14) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea none voting Nay tmotion carried, Mayor No. 6934 on second and final reading. o pass Ordinance ORDINANCE NO. 6934 AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1951: CHANGE LOTS 18 THROUGH 33, BLOCK 2, NORTH TECH ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO AN "R-2" ZONING DISTRICT, PROPERTY 15 FURTHER DESCRIBED BY METES AND BOUNDS IN THE BODY OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 3313o6-808 Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor (15) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6935 on second and final reading. ORDINANCE NO. 6935 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1961: CHANGE LOTS 1 AND 2 OF PRE- LIMINARY PLAT OF MCFADDEN ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM ANu11-1" TO AN 4-1" ZONING DISTRICT: SUBJECT TO A CONDITION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. N ,1,10,E AUG 8 1�74 F an ell7 motion 7 4-33-307-809 lrlotion was made by Councilwoman Jo�daCanded by Campbellnvotmng Yeapbnone voting Nay tocarried, (16) Mayor Bass, Councilmen West, Jordan, Henry Later pass Ordinance No. 6941 on second and fanaeareddand-presentednatmapCshowingnthe areasnde- Al Couch, Director of Public Services, pp signated for motor bike riding- After n+d�lman West,n of all nmotion+carriedenl'iayormBassn was made by Councilman Campbell, seconded b Y Counc Councilmen West, Henry and Campbell voting Yea, Councilwoman Jordan voting Nay to accept the recommendations of the Parks Board regarding motor bike riding in the areas designated by the map. ORDINANCE NO. 6941 _ AN ORDINANCE AMENDING CHAPTER BYI�E�DINGTHE SECTIONF19BD6NANCES THEREOFFTOHPROHIBITCITY FTHEB ROIDKNG OF ENTITLED "PARKS AND PLAYGROUNDS" BICYCLES, MOTORBIKES AND MOTOR SCOOTERS SEPT AT DESINGIGNATED FOR PUBLICATION. CESWITHIN ITHIN CITY PARKS AND PLAYGROUNDS; PROVIDING A SAVINGS CLAD 7 4-33-307-810 Notion was made by Councilwoman JordaandsCamnbellbvot�ngcYea�nnonepvotingmNayotocpasseOrdMayor (17) Bass, Councilmen West, Jordan, Henry p nance No. 6940 on second and final reading. ORDINANCE NO. 6940 IC ALLEY: AN ORDINANCE ABANDONING AND CLOSIN106THE ORFOLLOWING TOWNPORTION THEFCITYLOF LUBBOCK,ALUBBOCKN OF THE EAST -WEST PUBLIC ALLEY IN BLOCK , COUNTY, TEXAS, AND MORE PARTICULARLY EMAPIOFDTHE CITYBODY LUBBOCK TO ORINDICATE THEE CLOSING THE CITY ENGINEER TO MARK THE OFFICIAL N OF PUBLIC ALLEY; PROVIDING A SAVINGS CLAUSE AND AND ABANDONMENT OF THAT CERTAIN PORTIO PROVIDING FOR PUBLICATION. ell, motion 7 4-33-307-$11 motion was made by Councilwoman JordaGan�eCampbellby nvoting Yeacilman ,nonevoting Naythat (lg) Mayor Bass, Councilmen West, Jordan, Henry the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OBkCa Quitand Claimhereby inufaQorZof THE COUNTYand eOFtLUBBOCKexecute for and on behalf of the City of Lubbo TEXAS, a political subdivision of esandeasfspread,uponattached minutestofwthis Council spread upon the minutes of the Council constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of August, 1974• /s/ ROY BASS, MAYOR ATTEST: APPROVED AS TO FORM: /s/ Treva Phillips, City Secretary -Treasurer /s/ Fred 0. Senter, City Attorney QUIT CLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of bNECDUNTYND 00F aUBBOCKO)TEXASARa political her sub ood and valuable consideration to it in handp Y division of the State of Texas, hereinafter called "GRANTEE", the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM RELEASE AND FOREVER QUIT CLAIM tract or unto the said "GRANTEE", all its right, title and interest in and to StateaofcTexasn described parcel of land lying and being situated in the Count of Lubbock, as follows, to -wit: A portion of the East-West alley einBlmorelOartOcugarly descriibedown tasnfollows.to the City of Lubbock, Lubbock County, Texas, being p BEGINNING at the Southwest corner of Lot 5, Block 106, Original Town Addition; THENCE East a distance of 125.00 feet to the Southeast corner of said lot; 10k Block 106, THENCE South a distance of 15.00 feet to the Northeast corner of Lot Original Town; THENCE West a distance of 125.00 feet to the Northwest corner of Lot 6, Block Original Town; M THENCE North a distance of 15.00 feet to the PLACE OF BEGINNING. remises pri- TO HAVE AND TO HOLD the same pnnerther will all nsingular rights, belonginguntothesaidGRANTEE,itssuccesso vileges and appurtenances thereto in any ma or and assigns forever, so that neither the Gt�anORty of hereinafterl, have, successors ssassigns, claimordemandany nor any persons claiming under it shall Y time right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS this 8th day of August, 1974• 308 AUG b lyf4 74- 33- 308- 812 (22) ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: // Fred 0. Senter, Jr., City Attorney Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a restrictive covenant instrument making the sale, lease, mortgaging or creation of other indebtedness or other transfer of all or an y part the tract of land located in the Canyon Lakes Project area in cooperation with the open spacesfpro- gram of the Department of Housing and Urban Development of the United States Government, cover- ing Area 10, Parcel 1, subject to the prior approval of the secretary of said federal department in each such instance attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of August, 1974. ATTEST: /s/ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney DEED RESTRICTIONS THE STATE OF TEXAS COUNTY OF LUBBOCK The City of Lubbock, Lubbock County, Texas, a Texas Homerule Municipality, herein called "CITY" in consideration of compliance with rules and regulations of the Department of Housing and Urban Development of the United States Government, herein called "HUD", and at the special instance and request of HUD and in furtherance of the open space purposes and/or programs of said federal department, the City of Lubbock as owner of the tract of land herein described does hereby impress the following restrictive covenant to run with the tract or parcel of land hereinafter described, to -wit: RESTRICTIVE COVENANT "THE SALE, LEASE, MORTGAGING OR CREATION OF OTHER INDEBTEDNESS OR OTHER TRANSFER OF ALL OR ANY PART OF THE REAL ESTATE HEREINAFTER DESCRIBED OR ANY INTEREST THEREIN IS SUBJECT TO THE PRIOR APPROVAL OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES GOVERN- MENT OR HIS SUCCESSORS IN OFFICE AND/OR AUTHORITY IN THE PREMISES." Said restrictive covenant next -above set forth shall apply to all land transactions set forth above) affecting ail or any part of the following described tract of land locatedsin Lubbock County, Texas, to -wit: A tract of land out of Section 3, Block B, Lubbock County, Texas and being more particularly described as follows: BEGINNING at a telephone pole for the Southeast and beginning corner of this tract, whence the Southeast corner of Section 3, Block B, Lubbock County, Texas bears South 0012' East 595.00 feet; THENCE 753.0 THENCE THENCE South 45012' West along the Northwest R.O.W. line of the Ft. Worth & Denver R.R. feet to a 3/8 inch iron rod set for the Southerly corner of this tract; North 5040, West 405.4 feet to a 3/8 inch iron rod set for a corner of this tract; West 300.0 feet to a concrete monument for a corner of this tract; THENCE North 629.12 feet to a concrete monument for a corner of this tract; THENCE N 20052' W 848.7 feet to a concrete monument for a corner of this tract; THENCE THENCE THENCE North 43033' West South 87010' West North 76034' West 797.9 535.7 730.6 feet feet feet to a concrete monument for a corner of this tract; to a concrete monument for a corner of this tract; to a concrete monument for a corner of this tract; d N AU' G 8 1974 THENCE North 45004' West 667.4 feet to a concrete monument for a corner of this tract; THENCE North 9012' West 309.9 feet to a concrete monument for a corner of this tract; THENCE North 40047' West 390.6 feet to a concrete monument for a corner of this tract; THENCE North 39011' 30" West 505.8 feet to a concrete monument for a corner of this tract; THENCE North 55002' West 448.7 feet to a concrete monument for a corner of this tract; THENCE North 67049' West 419.6 feet to a concrete monument for a corner of this tract; THENCE South 56039' 30" West 414.4 feet to a 3/8 inch iron rod set for the North -South- west corner of this tract, said iron rod being in the West line of Section 3, Block B; THENCE North 0012' West along the West line of Section 3, Block B a distance of 1058.81 feet to a found iron rod, the Northwest corner of this tract and the Northwest corner - of Section 3, Block B; THENCE North 89048' East along the North line of Section 3, Block B, a distance of 955.5 feet to a 3/8 inch iron rod set for a corner of this tract; THENCE South 0012' East 40.0 feet to a 3/8 inch iron rod set for a corner of this tract; THENCE North 89048' East 365.0 feet to a found iron rod for a corner of this tract; THENCE South 0012' East 160.0 feet to a found 3/41' iron pipe for a corner of this tract; THENCE South 89052' East 661.0 feet to a found 3/4"iron pipe for a corner of this tract; THENCE South 0012' East 460.0 feet to a set 3/8" iron rod for a corner of this tract; THENCE North 89048' East 246.29 feet to a 3/8" iron rod set for a corner of this tract; THENCE South 0012' East 400.7 feet to a 3/8" iron rod set for a corner of this tract; THENCE North 88049' East 406.22 feet to a 3/8" iron rod set for a corner of this tract; THENCE South 0012' East 830.0 feet to a 3/8" iron rod set for a corner of this tract; THENCE North 89048' East 2625.0 feet; THENCE South 0012' East 1200.0 feet; THENCE North 89048' East 20.0 feet; THENCE South 0012' East 1602.0 feet to the PLACE OF BEGINNING. Containing 199.020 Acres. This restrictive covenant shall remain in effect until released of record by the City at the special instance and request of HUD, or its successors or assigns, or released of igns. In each ch record directly by any or parttofstheerealsor estatesherein describedufromnthence, said applicationlofsthe may release all or a aforesaid restrictive covenant. WITNESS the hand of the City of Lubbock acting through its Mayor hereunto duly authorized, at Lubbock, Texas, this 8th day of August, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-309-$13 The City Council considered the request of the Lubbock Public Schools for the placement of After consideration of all infor- (23) school crossing guards on 4th Street and on 19th Street. by Councihtian Campbell, seconded by Councilman Henry, motion mation presented, motion was made carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting these school crossing Nay to appropriate necessary funds to pay for one-half of the salaryfor Independent School District pay for the other half. guards provided that the Lubbock 74-33-309-814 Dr. Dan Wells, a member of the Parks and Recreation Board, appeared before the City Council Parks Recreation Board: (6) and presented the following recommendations of the and Consider the use and site for the Heap Big Beef Building and consider an appropriatio a. ordinance for moving expenses and remodeling. b. Consider an appropriation ordinance in the amount of $9,000 from Park Bond Funds to pave one-half of 49th Street from Chicago Avenue to Elkhart Avenue. Consider the request of the Pleasant Ridge Baptist Church to use an amplifier in c. Mackenzie Park. 310 AUG 8 1974 74-33-310-815 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor (6a) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to move the Heap Big Beef Building to the George Mahon Park and to pass Ordinance No. 6942 on first reading appropriating $10,000 for moving expenses and remodeling. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6942 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond The sum $10,000.00 Funds For the following purpose: Labor, material and equipment necessary to move building from 50th Street and Elgin Avenue to George Mahon Park. Also to remodel and furnish the facility. 74-33-310-816 Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor (6b) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6943 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 6943 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond funds, to -wit: PARK BOND The sum $9,000.00 FUNDS For the following purpose: Paving one-half of 49th Street adjacent to C. W. Ratliff Park from Chicago Avenue to Elkhart Avenue. 74-33-310-817 (60 The City Council considered the request of the Pleasant Ridge Baptist Church to use an amplifier in Mackenzie Park for a religious music concert to be held on Sunday afternoon, August 11, 1974. After consideration of all information presented, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry Campbell and voting Yea, none voting Nay to approve this request. 74-33-310-818 (26) Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6944 on first reading. ORDINANCE NO. 6944 AN ORDINANCE OF THE CITY OF LUBBOCK, APPROVING AMENDMENTS TO THE URBAN RENEWAL PLAN FOR NEIGHBORHOOD DEVELOPMENT PROGRAM NO. TEX-A-14(C), FOURTH 74-33-310-819 (27) ACTION YEAR, PHASE II. Motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the following resolution of the Planning and Zoning Commission. RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE URBAN RENEWAL PLAN FOR ACTION YEAR IV, PHASE 11, OF THE NEIGHBORHOOD DEVELOPMENT PROGRAM, TEX. A-14(C) 14-33-310-820 (z8) The City Council considered an appropriation ordinance in the amount of.46,500 from Street Improvement Bond Funds for construction of'a right turn lane at 16th Street and University Ave- nue. Dillard Adair, Sales Manager for Gulf Oil Company's Lubbock District, appeared in opposi- tion to this right turn lane. Bob Bishop of Campus Photo, also appeared in opposition. Bill McDaniel, Director of Traffic presented a plan for this right turn lane. After consideration of all information presented, motion was made by Councilman West, seconded by Councilman Henry, motion carried, Councilmen West, Jordan, Henry and Campbell voting Yea, Mayor Bass voting Nay to eliminate this plan for a right turn lane at 16th Street and University Avenue. 4-33-310-821 (29) The City Council considered the requests of New Deal and Abernathy for water from the City of Lubbock. The City Council asked Sam Wahl, Director of Public Works to make some comments regarding Lubbock's water supply. Mr. Wahl reported that although this request would not adversely affect Lubbock's water supply, the precedent set could cause other communities sur- rounding Lubbock to make similar requests. He further explained the workings of the CRMWA. City Attorney Fred Senter reported that he was not aware of any legal reason as to why water could not be sold to New Deal or Abernathy as long as it did not deplete the water for the citi- zens of Lubbock. John McNew, Secretary of the New Deal Water Board and a member of the New Deal City Council appeared before the City Council. Mayor West, of New Deal, and members of the School Board and the School Superintendent of New Deal were also present. Mr. McNew explained the emergency water situation in New Deal, requesting permission to buy water from Lubbock for 10 years, or more. Mr. Pete Thompson, Mayor of Abernathy, appeared and read the following letter addressed to the City Council requesting purchase of water from the City of Lubbock: See letter set in on page 310 a. I AUG 8 ' 74-33-310-821 (29) POST OFFICE BOX 310 79311 TO !1l5ie14� SUBJECT CITY OF BRNATHY * TEXAS " 90 `lAs PaAw o f 9ks P&A"" The Honorable Mayor and City Council of Lubbock, Texas Mayor and City Council of Abernathy, Texas Emergency Water Supply from the City of Lubbock, Texas AREA CODE 806 298.2545 The City of Abernathy respectfully requests that you consider this appli- cation for permission to construct a water line from your water treatment plant located in the vicinity of the Lubbock Regional Airport to an exist- ing water line which presently serves Abernathy from the Abernathy Airport Farm. Abernathy will furnish you with complete engineering data at a Later date in connection with this request. Abernathy presently receives its water from three wells located on its airport 4 miles east of Abernathy. In addition to this supply of water, Abernathy owns 240 acres of land 1.5 miles north of the airport farm. Abernathy will utilize the remaining water on the airport farm and develop and use the water on the 240 acres as long as it is feasible to pump these wells. These wells all produce from the Ogallala Formation. Abernathyfs needs and time of need are anticipated to be as follows. NEEDS: 1. Abernathy uses approximately 400,000 gallons of water daily during the winter or non -watering periods. 2. Normal summer use is approximately 1,000,000 gallons daily. Usage has been as high as 1,400,000 gallons this summer due to severe drouth. The following proposals are for your consideration: 1. Abernathy will pay the entire cost of water line and re- lated equipment from Lubbock facilities to destination. 2. Up to 600,000 gallons daily to be used in emergency only is being requested. We do not anticipate any immediate needs for additional water from the City of Lubbock. We do want to be prepared in so far as possible for any future emergency. We define emergency as a situation in which our citizens do not have enough water for household and ordinary business use and lack of water is beyond the control of Abernathy. Ali G -311 g t974 Glen Metcalf, Abernathy City Manager and Ann Griffith, Secretary to the Mayor of Abernathy, were also present. After consideration of all information presented, motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting May to continue to supply New Deal with emergency water on tank car basis during the present emergency. After still further consideration of this item, motion was made by Councilman Henry, seconded ' by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that no further action be taken on this item, except to authorize the Mayor to work with diligence to see if interested officials in other towns in the area might get together to look into possible water sources on a regional basis and instructed the City Manager to work toward setting up a meeting of such interested officials. The re- presentatives from both towns (New Deal and Abernathy) were asked if they would have any objections to such proposed group being organized on broad taxing authority, and they replied that they felt there would be no objections. 74-33-311-822 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOBCK BE and is hereby authorized and directed to execute for and on behalf of the the City of Lubbock a Special Warranty Deed in favor of RONNIE LEE LEWIS and wife, BETTIE CAROLE LEWIS, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of August, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK X THAT THE CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of THREE HUNDRED TWENTY-FIVE AND NO/100 ($325.00) DOLLARS, and other good and valuable consideration, to it in hand paid by RONNIE LEE LEWIS and wife, BETTIE CAROLE LEWIS of Lubbock County, Texas, receipt and sufficiency of which is hereby acknowledged and confessed, and for the payment of which no right or lien, expressed or implied is retained: Has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto the said RONNIE LEE LEWIS, and wife, BETTIE CAROLE LEWIS, of Lubbock County, Texas, all that certain tract and parcel of land lying and being situated in Lubbock County, Texas, and being more particularly described as follows: The West portion of Lot 19, Lortondale Addition to the City of Lubbock, Lubbock County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 19, in the South line of 47th Street. THENCE East, along said South street line a distance of 11.75 feet to a point; THENCE in a Southeasterly direction, around the arc of a curve to the right of radius 15.00 feet, a distance of 23.16 feet to a point; THENCE South 01032123" East a distance of 112.45 feet to a point; THENCE West 29.76 feet to a point, said point being the Southwest corner of Lot 19; THENCE North along the West line of said Lot 19, a distance of 127.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD the above -described premises, togeh�,rwl!tth8t}t1tntk,� ttgll her E47 rights and appurtenances thereto in any wise belonging to t e said RUU rjjE , CITY OF LUBBOCK does hereby bind itself, its successors heirs and assigns, forever, and the WARRANT AND FOREVER DEFEND all and singular the said premises unto the said and assigns to RONNIE LEE LEWIS and wife, BETTIE CAROLE LEWIS, their heirs and assigns, against every person by, through or under whomsoever lawfully claiming, or to claim the same, or any part thereof, it. WITNESS MY HAND AT LUBBOCK, TEXAS this 8th day of August, 1974• 312 UG 81--7a ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ ROY BASS, MAYOR /s/ Fred 0. Senter, Jr., City Attorney 74-33-312-823 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (31) Councilmen West and Henry voting Yea, Councilwoman Jordan and Councilman Campbell voting Nay that the following resolution be passed. RESOLUTION WHEREAS, Lubbock Poster Company of Lubbock, Texas has tentatively indicated its willingness to sell, grant, and convey its interest in three billboards and/or billboard sites unto the State of Texas for the sum of $9,970.00, and the City of Lubbock for its own account, and as agent for the State of Texas finds such purchase would be for the public interest to expedite street and/or highway improvements on Fourth Street, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT in order to formalize the transaction referred to in the preamble hereof, the Right - Of -Way Department of the City of Lubbock is hereby authorized and directed to make a formal offer to Lubbock Poster Company of the City of Lubbock, Lubbock County, Texas, the State of Texas Highway Department approved value of $9,970.00 for the purchase of all the interest of said Lubbock Poster Company in three billboards and/or billboard sites as regards parcels known as Parcel Numbers 14, 24, and 32 respectively in the Fourth Street highway and/or street improve- ment project of the City of Lubbock and the Texas Highway Department. Passed by the City Council this 8th day of August, 1974. ATTEST: /s/ ROY BASS, MAYOR /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-312-824 Motion was made by Councilman West, seconded by Councilman Henry, motion carried, Mayor Bass, (32) Councilmen West and Henry voting Yea, Councilwoman Jordan and Councilman Campbell voting Nay to pass Ordinance No. 6945 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE N0. 6945 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; WIDENING OF FOURTH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: STREET The sum $5,10$.25 STREET IMPROVEMENT BOND FUND GWO 10755 For the following purpose: Acquisition of billboard signs redesignated as real estate. Billboard signs in 4th Street Parcels 14,24 S 32....... $5,108.25 74-33-312-825 Motion was made by Councilman Henry, seconded by Councilman Campbell, motion carried, Mayor (33) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION WHEREAS, the City Council receives, from time to time, request from public utility companies operating within the City of Lubbock, that the City Council grant them permission to change the rates for utility services; and, WHEREAS, it has been determined that a procedure be established for the filing of such requested change, the study of such request by the City staff and the consideration by the City Council; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the following procedure it hereby established to be followed when public utility com- panies request rate changes or approval of proposed rate changes by the City Council: (1) Requests for rate changes or requests for approval of rate changes shall be made in writing addressed to the City Council and presented or mailed to the City Secretary. The City Secretary shall immediately notify the City Manager. (2) The City Manager shall cause to be assembled the necessary background information relative to such request and may refer such request to the appropriate City Departments for study and recommendations. ��3 A;, G . 8 1974 (3) The information assembled by the City Manager shall be delivered to the Mayor and City Council for review. (4) The City Council shall set a date for a public hearing and consideration of the requested rate change. (5) The utility company requesting such rate change shall be notified of the date of the hearing in order that a representative may make an oral presentation. (6) The City Council may request any additional information it deems necessary to such determination. (7) The City Council may refer the rate request to City Departments, City Boards and/or outside consultants if necessary. (8) The City Council may refer such rate request to the Electric Utility Board, if appropriate. (9) The studies directed by the City Council shall be returned to the City Council in writing on the date specified by the City Council and/or an oral presentation made be- fore the City Council in a public hearing. (10) The City Council shall consider the rate request and the information assembled and make its determination in the manner required by law. Passed by the City Council this 8th day of August, 1974. /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 74-33-313-826 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry, and Campbell voting Yea, none voting Nay to authorize Change Order No. 4 to the contract with L. H. Lacy Company for the additional amount of $1,747.26 to cover FAA cable in connection with runway and taxiway improvements at the Lubbock Regional Airport. CHANGE ORDER NO. 4 Runway and Taxiway Improvements Lubbock Regional Airport Lubbock, Texas ADAP Project No. 8-48-0138-01 TO L. H. LACY COMPANY P. 0. Box 20297 Dallas, Texas 75220 General Description of Work Included in Contract: Construct approximately 220,000 square yards of rigid pavement on new and reconstructed taxiways, construct service road driveways, install medium intensity lighting, install high intensity lighting on N/S Run- way,construct drainage structures, and other related items of word. Original Amount of Contract------------------- $4,688,732.10 Change Order No. 1--------------(Add)----- 30,000.00 Change Order No. 2---------------------- (Add)- -- 8,725.00 Change Order No. 3--------------------- 4lo Change) -0- Change Order No. 4---------------------- (Add)----- 1,747.26 Adjusted Contract Price---------------------- $ ,729,20 .3 Adjustment in Construction Time-------------- None WHEREAS, it is desirable to make changes in the electrical work to be constructed under this project to include the raising of an existing concrete encased electrical duct con- taining FAA power calbes; THIS AGREEMENT WITHESSETH: In consideration of the mutual advantage gained, the Owner and the Contractor agree to the changes indicated below and further agree that the amount of the contract shall be adjusted by the amount shown above. The Contractor shallfurnish all labor, materials, tools and supervision required to raise an existing concrete encased electrical duct containing FAA power cables. Duct is located north of the airport lighting vault. This work shall be completed in accordance with applicable sections of the project specifications. Scope of Work: 1. Raise existing concrete encased duct to provide adequate clearance for the installatio of a storm sewer. 2. Do all necessary ditching, excavation, backfill, concrete work, cleanup, and other miscellaneous work necessary to complete the raising of the duct. 31 WG 8 1974 74-33-314-827 (35) 74- 33- 314- 828 (37) 74-33314-829 (38) 74-33- 314-830 (39) 74- 33- 314-831 (40) The aforementioned changes, and work affected thereby, are subject to all contract stipula- tions and covenants. The Owner and the Contractor agree that there will not be an adjustanent to the time allowed for completion of the project for the above -listed changes. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this the 8th day of August, 1974. RECOMMENDED: PARKHILL, SMITH & COOPER, INC., Consulting Engineers By Pro ' — j En 2 • � � �May 31, 1974 APPROVED: L. H. LACY COMPANY, Contractor By Jul )1, 1974 APPROVED: CITY OF LUBBOCK, TEXAS, Owner By ROY BASS MAYOR August 8, 1974 ATTEST: Treva Phillips City Secretary -Treasurer APPROVED: FEDERAL AVIATION ADMINISTRATION Chief, By Airports Branch _ 1974 The City Council considered proposals for independent tax appraisals. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to postpone action on this item for two weeks until the Liason Committee can meet again. Councilman Henry suggested looking, with serious consideration, into the possibility of hiring local people. The following bids were received for three park buildings for the Parks and Recreation Depart- ment, being Bid No. 2985. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Vaughn & Associates, Inc., Dallas, for the construction of three park buildings. The following bids were received for irrigation system on University Avenue median between 34th Street and 50th Street, being Bid No. 2992. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Council- man Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Submatic, Inc., for irrigation system on University Avenue median between 34th Street and 50th Street. The following bids were received for the purchase of miscellaneous water items, being Bid No. 3014. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Hydrotex Utility Supply, El Paso, for the purchase of Items 1, 2 and 3; and accept the bid of Bowles & Eden Corporation, Albuquerque, New Mexico, for the purchase of Items 4 and 5. The following bids were received for the purchase of oil switches, being Bid No. 3016. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of Westinghouse Electric Supply Co. for the purchase of oil switches. 4-33-314-832 The following bids were received for the purchase of flares and wicks (41) being Bid No. 2976. for warehouse stock, Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to accept the bid of M. B. McKee Company for the purchase of flares and wicks for warehouse stock. AUG 6 1974 74-33-315-833 The following bids were received for the purchase of 3,000 feet of 12" A.C. pipe for ware- (42) house stock, being Bid No. 3004. Bid Tabulation set in Bid Book. After consideration of all bids received, it was determined that tie bids had been received Inc., Hydrotex Utility Supply of from Johns -Manville Corp., Denison, Clowe C Cowan, and made by Councilman West, seconded by Councilman Henry, ' E1 Paso. Lots were drawn and motion was carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting feet motion Nay to accept the bid of Hydrotex Utility Supply of E1 Paso for the purchase of 3,000 of 12" A.C. pipe for warehouse stock. 74-33-315-834 The following bids were received for the purchase of batteries and charger for the Audi- (43) torium-Coliseum, being Bid No. 3013. Bid Taublation set in Bid Book. After consideration of all bids received, motion was made by Councilman West, seconded by West, Jordan, Henry and Campbell Councilman Campbell, motion carried, Mayor Bass, Councilmen the bid of Gould, Inc., Industrial Battery Division, voting Yea, none voting Nay to accept for of batteries and charger for the Auditorium -Coliseum. Dallas, the purchase 74-33-315-835 Motion was made by Councilman West, seconded by Councilman Campbell, motion carried, Mayor Campbell voting Yea, none voting Nay to nominate (44) Bass, Councilmen West, Jordan, Henry and Paul V. Bush and Kenneth May to the Lubbock Mental Health and Mental Louise L. Luchsinger, Retardation Center. These 'terms are for two years and will expire August 31, 1976• 74-33-315-836 Motion was made by Councilman Campbell, seconded by Councilwoman Jordan, motion carried, Yea, voting Nay that the (45) Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting none following resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF ALLEYS, STREETS AND/OR AVENUES AS OF ASSESSMENTS LEVIED. LISTED BELOW AND ORDERING THE ISSUANCE OF CERTIFICATES IN EVIDENCE WHEREAS, the City of Lubbock heretofore passed various street improvement ordinances Construction Co. (G.W.O. and resolutions and entered into contract with Commercial Concrete on of 10836) for the making and construction of street and/or alley improvements portions City including among others the following: ,numerous alleys, streets and/or avenues in said East 15th Place from its intersection with a line 48.00 feet West of the East Property Line Line Guava Avenue to its intersection with a line 13.00 feet East of the East Property of of June Avenue, Known and designated as Sub -Unit Number 14 of Unit Number 2229. AND WHEREAS, the improvements upon the said portions of the abovementioned street has contract been inspected and found to have been constructed In accordance with terms of said G.W.O. 10,836. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS: I. That the improvements on said portions of the abovementioned street be and the same he is hereby authorized to direct payment are hereby accepted, and the City Engineer be and of the City`s portion of the cost. II. That the Mayor and City Secretary be, and they are hereby instructed to execute and deliver certificates in evidence of the assessments levied against the parcels of property abutting upon the said portions of the street listed above and against the owners of such property in accordance with law and in the manner provided in said contract, and the proceed- ings with reference to said improvements and assessments where such assessments were levied. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 1974. ATTEST: /s/ Treva Phillips, City Secretary APPROVED: /s/ Wilford D. Watson, City Engineer /s/ROY BASS, MAYOR APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 316 AUG g 19i 4 CONSOLIDATED FINAL ESTIMATE G.W.O. 10,836 Accepted August 8, 1974 QUANTITIES Unit& S.Y. S.Y. S.Y. Sub -Unit Location Paving L.F. 6" Base Valle y Re-sur- C & G Gutter facing 2229-14 East l5th Place from 48, W. 7139.20 3225.83 5�•54 130.76 of the E.P.L. of Guava Ave. to 13.0' E. of the E.P.L. of June Avenue. COST ESTIMATE 7139.20 3225.83 S.Y. Paving 6" Base @ $2.15 $15,349.28 52.54 L.F. Curb & Gutter S.Y. Vafiey Gutter @ $2,30 $ 7,419.41 i30.76 S.Y. Resurface @$11.00 @ $1.08 577.94 $ 141.22 CONTRACT COST $23,487.85 COST DISTRIBUTION Unit & Contract Sub -Unit Property City Cost Owner Cost Cost 2229-14 $23,487.85 $22,375.06 $1,112.79 CONTRACT COST $23,487.85 LESS PREVIOUS MONTHLY PAYMENTS-15,174.09 TOTAL DUE CONTRACTOR 74-33-316-837 (36) ,3_1 The City Council considered the selection of an engineering firm for extension of Indiana Avenue across Tech campus. Mayor Bass read resolution approved roved by the Texas Tech Board of Regents regarding selection of Carter and Burgess, Inc., of Fort Worth, as engineering firm for ex- tension of Indiana Avenue across the Tech campus. After discussion of all information presented, motion was made by Councilman Henry, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the City Council concur with the Texas Tech Board of Regents in the selection of Carter and Burgess, Inc., as the engineering firm for this pro' a t sensus of the Council that Mayor Bass be the authority to art fBuurrgess, visit with Mrs. r/b n given and to restate the charge given in a re- solution passed by the City Council on June 11, 1974 in regard to selecting the best and most efficient route. Letter from Texas Tech Board of Regents set in on page 316a. 74-33-316-838 (19) in accordance with the Notice of Paving Hearing of record in Minute Book 33, Page 227, hearing was held on paving certain alleys and streets to be added to GWO 10,836-A. A number of persons appeared for this paving hearing. After (20) consideration of all information presented, Mayor Bass announced that the hearing was closed. Motion was made by Councilwoman Jordan, seconded by Councilman Campbell, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay to pass Ordinance No. 6946 on first reading approving all units for paving except Sub -Unit No. 5 of Unit No. 2232, Harvard Street from North Avenue U to North Ave- nue T. Motion was then made by Councilwoman Jordan, seconded by Councilman West to omit Sub- unit No. 5 of Unit No. 2232 from Ordinance No. 6946. This motion carried by the following vote: Councilmen West, Jordan and Henry voting Yea, Mayor Bas and Councilman Campbell votin Nay. Mayor Bass abstained from voting on the alley paving between 56th and 57th Streets in the 250� G.W.O. 10,836-A block. ORDINANCE NO. 6946 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF THE FOLLOWING STREETS: 43RD STREET, EAST 14TH STREET, 23rd STREET, EAST 15th STREET, TEAK AVENUE, 78th STREET, AVENUE N, THE WEST I OF KEEL AVENUE, THE NORTH I OF EAST 15th PLACE, 48th STREET, 49th STREET, ELKHART AVENUE, NORTH AVENUE T, EAST 14th STREET, HARVARD STREET AND INCLUDING A PORTION OF THE EAST -WEST AND NORTH -SOUTH ALLEYS LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE NORTH -SOUTH ALLEY ABUTTING LOTS 1 THRU 5 AND LOTS 16 THRU 20, BLOCK 211, ORIGINAL TOWN ADDITION, THE EAST -WEST ALLEY ABUTTING BLOCK 8, TECH TERRACE ADDITION AND BLOCK 3, CENTRAL HEIGHTS ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS 465 THRU 484 CAPROCK ADDITION, THE EAST -WEST ALLEY ABUTTING LOTS i AND 2, BLOCK 10, RUSHLAND PARK ADDITION AND BLOCKS 9 AND PORTIONS BEING MORE PARTICULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF 12 WESTGATE DRIVE ADDITION, THE EAST -WEST ALLEY ABUTTING BLOCK 2, TECH TERRACE ADDITION, SUCH LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE THEREOF, ALLOCATING FUNDS. (SEE SECTION ONE OF THIS ORDINANCE FOR UNITS DELETED BY CITY COUNCIL.) WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interested, due and proper notice was given in compliance with law including notices mailed to each knownnd property owner to be assessed addressed to his last known address as shown on the current City of Lubbock tax rolls, and such hearing was had and held at the time and place fixed therefore, A U G 8- 1: 74-33-316-837 (36) L L twrr �r TEXAS TECH UNIVERSITY COMPLEX Office of the Board of Regents rs19r3 i05a P.O. Box 4039 / Lubbock, Texas 79409 / (W6) 742-6117 August 7, 1974 Excerpt from Minutes of Board of Regents Meeting of August 2, 1974. Upon motion made by Mr. Kemp, seconded by Mr. Junell, the Board by unanimous vote approved the following Resolution: RESOLVED, that the firm of Carter and Burgess, Engineers, be employed to study and recommend the routing of the access road to the Lubbock County Hospital and the School of Medicine from the Tech Freeway northward to Fourth Street to determine the safest and most efficient plan. I, Freda Pierce, the duly appointed and qualified Secretary of the Board of Regents, hereby certify that the above and the foregoing is a true and correct copy of action taken by the Board of Regents of Texas Tech University on August 2, 1974. Freda Pierce, Secretary TEXAS TECH UNIVERSITY THE MUSEUM OF TEXAS TECH UNIVERSITY TEXAS TECH UNIVERSITY SCHOOL. OF MEDICINE AUG 8 1974 to -wit: on the 8th day of August, 1974, at 10:00 o'clock A.M. in the Council Room in the City of Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely: Sub -Unit 10 of Unit 2229 Frances Fitzgerald appeared opposing the proposed paving improvements. Mrs. Horne appeared opposing the proposed paving improvements. Sub -Unit 20 of Unit 2229 Mrs. Gregory Salas appeared opposing the proposed paving improvements. J. W. Chapman Estate indicated by letter opposition to the proposed paving improvements. Oliver A. Walker appeared opposing the proposed paving improvements. Romolo Moreno, Jr. appeared opposing the proposed paving improvements. Sub -Unit 21 of Unit 2229 A. J. Box indicated by telephone that he opposed the proposed paving improvements. Sub -Unit 23 of Unit 2229 Genaro Rodriquez indicated by telephone that he opposed the proposed paving improvements. Sub -Unit 26 of Unit 2229 Mr. Doss appeared opposing the proposed paving improvements. Sub -Unit 3 of Unit 2232 H.B. Stanton appeared opposing the proposed paving improvements. Sub -Unit 4 of Unit 2232 Clyde Robertson on behalf of T.O.C., Inc. indicated by letter that he opposed the proposed paving improvements. Sub -Unit 5 of Unit 2232 L.O. Crowder appeared opposing the proposed paving improvements. Elwood King appeared on behalf of B.O.K. Inv. Co. opposing the proposed paving improvements Sub -Unit 3 of Unit A-459 Clifford Hopping appeared opposing the proposed paving improvements. And all objections and protests made were fully considered and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully consider- ed all of the evidence, and all pertinent and proper matters is of opinion that the following disposition should be made of such protest and objections, and that assessments should be made as herein ordained, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT all protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all sub- units and units, is hereby closed except that it was found that street paving Sub -Unit 5 of Unit 2232 was erroneously included in the public notice and in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the property included in said Sub -Unit and the City Engineer is hereby directed to delete and/or omit the engineer's assessment roll for said Sub -Unit consistent with this finding. 74-33-311-839 Motion was made by Councilman Campbell, seconded by Councilman West, motion carried, Mayor (21) Bass, Councilmen West, Jordan, Henry and Campbell voting Yea, none voting Nay that the follow- ing resolution -be passed. RFCI'fl IIT I nN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a PAVING RELEASE attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of August, 1974. /s/ ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney 11 U G 8 1974 THE STATE OF TEXAS PAVING RELEASE COUNTY OF LUBBOCK WHEREAS, heretofore, on June 27, 1974, the City of Lubbock passed a Resolution being recorded in Volume 586, Page 67-70 inclusive, of the Deed of Trust Records of Lubbock County, Texas, such Resolution containing a Declaration by the City Council for the necessity of street improvements, alley improvements and apportionment of costs for such improvements, and in such Resolution there were included paving improvements for certain hereinafter described Paving Units; and, WHEREAS, under such Paving Units, such improvements have created no liens or liens against the property assessed pursuant to said Paving Units, by reason of the fact that such paving improvements have been deleted from the state paving program, and there is no immediate plan of making the street improvements or alley improvements upon the streets and alleys under said Paving Units, and it -is expedient to the streets and alleys as aforementioned; NOW THEREFORE: KNOW ALL MEN BY THESE PRESENTS: THAT the City of Lubbock, acting by and through its duly authorized Mayor in consideration of the premises, does hereby and by these presents, RELEASE, RELINQUISH AND FOREVER QUIT CLAIM to the owner or owner their heirs, administrators, executors and assigns, all right, title and interest the City of Lubbock may have in and to all these lots, tracts or parcels of land being situated in the City of Lubbock, Lubbock County, Texas, and being further described as follows; v-wit: UNIT AND SUB -UNIT NO. 2232-5 STREETS Harvard Street FROM North Avenue U TO North Avenue T This release affects only the property hereinabove described and in no way affects any property or liens not specifically described herein, and all liens and apparent liens against owners not otherwise released are hereby expressly retained. EXECUTED this 8th day of August, 1974. CITY OF LUBBOCK /s/ROY BASS, MAYOR ATTEST: /s/ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr., City Attorney NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE Y UNCIL ADJOURNED FOR REGULAR MEETING, February 8, 1974. ATTEST: ROY BASS, MAYOR Treva Phillips, City cretary-Treasurer READ AND APPROVED THIS THE 22nd day of August, 1974. / ,i{_� ROY/ BASS, MAYOR ATTEST: r� Treva Phillips, City Sec tary-Treasurer 1 7 Lww 1